adminifter Oaths. BsAnd be it further enacted by the Authority aforefaid, That in all Cafes, where Cognizance is given tolánys Justice or Juftices of the Juftices may Peace by this Act, it fhall be lawfuk for fuch Juftice or Juftices to adminifter an Oath to any Perfon for his or their more certain Inforbomation in the Matters then dependding; and that any Juftice of the and act tho' Peace for the County of Middlefex Trustees. bimay act as fuch in the Execution of this Act notwithstanding his being a Trustee, except in fuch Cafes where he shall be perfonally interested. sinterefted; provided that this Exsremption fhall not extend to prevent bfach Justice (being a Mortgagee of the Tolls hereby granted) from actsing by reafon of fuch Mortgage Intereft.s except when Stamps. And be it further enacted, by the Writings to Authority aforefaid, That no No- be without mination, Appointment, Information, Depofition, Order, Judgment, Licence, Conviction, Warrant, Mortgage Affignment, Leafe, Transfer, or other Security for the A borrowing Limitation borrowing of Money, or other Writing whatsoever under the Hand and Seal or Hands and Seals of, or only figned by any Trustee or Truf tees, Juftice or Juftices, or any Leffee or Leffees, Affignee or Affignees of the faid Tolls, or any other Perfon in the Execution of this Act, shall be charged or charge-.able with any Stamp Duty whatfoever. And be it further enacted by the of Actions. Authority aforefaid, That no Ac tion or Suit fhall be commenced against any Perfon or Perfons, for any Thing done in pursuance of this: Act, or in relation to the Matters: herein contained, until ten Days Notice fhall be thereof given to the Treasurer or Clerk to the Trustees for the District where fuch Caufe of Action or Suit fhall have arifen, nor after a fufficient Satisfaction or a Tender thereof hath been made to the Party or Parties aggrieved, nor after fix Calendar Months next after the Fact committed; and every fuch Action or Suit fhall be laid or brought brought in the County of Middlefex, and not elsewhere; and the Defendant or Defendants in every fuch Action or Suit fhall and may plead the General Iffue, and give this Act, General Issue. and the Special Matter in Evidence, at any Trial to be had thereupon, and that the fame was done in purfuance and by the Authority of this Act; and if the fame fhall appear to have been fo done, or if any fuch Action or Suit fhall be brought before ten Days Notice thereof gi ven as aforefaid, or after a fufficient Satisfaction made or tendered as aforefaid, or after the Time limited for bringing the same as aforefaid, or fhall be brought in any other County or Place, then the Jury fhall find for the Defendant or Defendants; and upon fuch Verdict, or if the Plaintiff or Plaintiffs in any fuch Action or Suit fhall be nonfuited, or discontinue his, her, or their Action or Suit after the Defendant or Defendants fhall have appeared, or if upon Demurrer Judgment fhall be given against the Plaintiff or or Plaintiffs, then the Defendant or Treble Cofts. Defendants hall recover Treble Cofts, and shall have fuch Remedy for the fame as any Defendant or Defendants hath or have in other Cafes by Law. Publick A&t. And be it further enacted, by the Authority aforefaid, That this Act shall be adjudged, deemed, and taken to be a Publick Act, and shall be judicially taken Notice of as fuch by all Judges, Juftices, and other Perfons whomfoever, without fpecially pleading the fame.s 11 090 |